[Adopted 7-6-1970 as Ch. 8 of the Revised General Ordinances]
Editor's Note: The relevant statutory provisions are found in N.J.S.A. 4:19-15.1 et seq.
[Amended 10-1-1990 by Ord. No. 542-90]
As used in this article, the following terms shall have the meanings indicated:
- Any dog, bitch or spayed bitch.
- DOG OF LICENSING AGE
- Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
- DOG WARDEN
- The officer appointed by the Borough to enforce the provisions of this article and shall include the duties of the poundkeeper.
- Any person exercising control over a dog or permitting a dog to remain on premises under his control.
- Any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.
- When applied to the proprietorship of a dog, shall include every person having a right of property in such dog and every person who has such dog in his keeping.
- PET SHOP
- Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein dogs for sale are kept or displayed.
- An establishment for the confinement of dogs seized either under the provisions of this article or otherwise.
- Any establishment where dogs are received, housed and distributed without charge.
Licenses shall be required for the following dogs of licensing age:
A dog owned or kept within the Borough by a resident of the Borough on the first day of January of any calendar year.
A dog acquired by any person during the course of any calendar year and kept within the Borough for more than 10 days after acquisition.
A dog attaining licensing age during the course of the calendar year.
An unlicensed dog brought into the Borough by any person and kept within the Borough for more than 10 days.
A dog licensed by another state brought into the Borough by any person and kept within the Borough for more than 90 days.
[Added 10-1-1990 by Ord. No. 542-90]
Each application for a license under this article shall give the following information:
Registration numbers shall be issued in the order in which applications are received.
Applications for licenses for dogs required to be licensed by the provisions of this article shall be made before the first day of February of each calendar year. In all other cases, the application for a license shall be made within 10 days of the day upon which the dog in question first becomes subject to the provisions of this article.
The information on all applications under this article and the registration number issued to each licensed dog shall be preserved for a period of three years by the Clerk. In addition, he shall forward similar information to the State Department of Health each month on forms furnished by the Department.
[Amended by Ord. No. 145; 8-3-1981 by Ord. No. 268-81; Ord. No. 286-83; 10-1-1990 by Ord. No. 542-90; 9-9-1991 by Ord. No. 556-91]
The person applying for a license shall pay to the municipality the fees as prescribed in Chapter 10, Fees, of this Code.
Any license not obtained by March 1 of each year shall be subject to an added late charge as prescribed in Chapter 10, Fees, of this Code.
Each dog license and registration tag shall expire on the last day of January of the calendar year following the calendar year in which it was issued.
The provisions of this article shall not apply to any dog licensed under §§ 53-14 through 53-20 of this article. Dogs used as guides for blind persons and commonly known as "Seeing Eye" dogs shall be licensed in the same manner as other dogs, except that the owner or keeper shall not be required to pay any fee.
A person who keeps or operates or proposes to establish a kennel, pet shop, shelter or pound shall apply to the Clerk for a license. He shall not be required to secure individual licenses for dogs he owns and keeps at such establishments, and his license shall not be transferable to another owner or to different premises.
The application shall contain the following information:
The name and permanent and local address of the applicant.
The street address where the establishment is located or proposed to be located, together with a general description of the premises.
The purposes for which the establishment is to be maintained.
The maximum number of dogs to be accommodated at any one time.
No license under § 53-14 shall be issued until the proposed licensee submits a written statement from the Hunterdon County Division of Public Health Services that the establishment or proposed establishment complies with local and state rules governing the location and sanitation.
All licenses issued for a kennel, pet shop, shelter or pound shall state the purpose for which the establishment is maintained, and all such licenses shall expire on the last day of January of each year.
The annual fees for kennel and pet shop licenses shall be as prescribed in Chapter 10, Fees, of this Code.
All licenses issued for a kennel, pet shop, shelter or pound shall be subject to revocation by the Council, on recommendation of the State Department of Health or the Hunterdon County Division of Public Health Services, for failure to comply with the rules and regulations of the State Department of Health or the Hunterdon County Division of Public Health Services, after the owner has been afforded a hearing by either the State Department of Health or the Hunterdon County Division of Public Health Services.
A person holding a license to establish, keep or operate a kennel, pet shop, shelter or pound shall comply with all Borough ordinances and the rules and regulations promulgated by the State Department of Health governing the sanitary conduct and operation of kennels, pet shops, shelters and pounds, the preservation of sanitation therein and the prevention of the spread of rabies and other diseases of dogs within and from such establishments.
The Clerk shall forward to the State Department of Health a list of all kennels, pet shops, shelters and pounds licensed within 30 days after the licenses are issued. The list shall include the name and address of each licensee and the kind of license issued.
No dog kept in a kennel, pet shop, shelter or pound shall be permitted off such premises, except on a leash or in a crate or other safe control.
[Amended 10-1-1990 by Ord. No. 542-90]
License fees and other moneys collected or received under the provisions of this article, except the registration tag fees, shall be forwarded to the Treasurer within 30 days after collection or receipt, shall be placed in a special account separate from any of the other accounts of the Borough and shall be used for the following purposes only: collecting, keeping and disposing of dogs liable to seizure under this article; local prevention and control of rabies; providing antirabies treatment under the direction of the Hunterdon County Division of Public Health Services for any person known or suspected to have been exposed to rabies; all other purposes prescribed by the statutes of New Jersey governing the subject; and administering the provisions of this article. Any unexpended balance remaining in the special account shall be retained there until the end of the third fiscal year following and may be used for any of the purposes set forth in this section. At the end of the third fiscal year following and at the end of each fiscal year thereafter, there shall be transferred from the special account to the general funds of the Borough any amount then in the account which is in excess of the total amount paid into the special account during the last two fiscal years next preceding.
Notwithstanding the foregoing, fees collected for the licensing of potentially dangerous dogs, as defined in § 53-34, shall be disposed of as set forth in § 53-46A.
The Dog Warden shall take into custody and impound or cause to be taken into custody and impounded any of the following:
A dog running at large in violation of the provisions of this article.
A dog off the premises of the owner of or the person keeping or harboring such dog which the poundmaster or his agent has reason to believe is a stray dog.
Any dog off the premises of the owner of or the person keeping or harboring such dog without a current registration tag on its collar.
A female dog in season off the premises of the owner of or the person keeping or harboring such dog.
A dog which has been determined to be a vicious dog, provided that such dog may also be seized by any Animal Control Officer, or other agent established by the Borough of Milford by resolution, and provided further that, if such dog cannot be seized with safety, it may be killed.
An officer or agent authorized or empowered to perform any duty under this article is hereby authorized to go upon any premises to seize for impounding a dog which he may lawfully seize and impound when he is in immediate pursuit of such dog, except upon the premises of the owner of the dog if the owner is present and forbids it.
If an impounded or seized dog wears a registration tag, collar or harness bearing the name and address of any person or if the owner of or the person keeping or harboring the dog is known, the Dog Warden shall immediately serve on the person whose address is given on the collar or on the person owning, keeping or harboring the dog a notice, in writing, stating that the dog has been seized and will be liable to be disposed of or destroyed if not claimed within seven days after service of the notice.
A notice under this section may be served either by delivering it to the person on whom it is to be served, by leaving it at the person's usual or last known place of abode or at the address given on the collar or by forwarding it by mail in a prepaid letter addressed to that person at his usual or last known place of abode or to the address given on the collar.
[Amended by Ord. No. 152]
The Dog Warden is authorized and empowered to cause the destruction of any unclaimed dog, in as humane a manner as possible, under any of the following contingencies:
When any dog so seized has not been claimed by the person owning, keeping or harboring such dog within seven days after notice or within seven days of the dog's detention when notice has not been or cannot be given as set forth in the previous section.
If the seized dog is unlicensed at the time of its seizure and the person owning, keeping or harboring such dog has not produced a license and registration tag as provided in this article.
[Added 10-1-1990 by Ord. No. 542-90]
No person shall own, keep or harbor a dog in the Borough except in compliance with the provisions of this article and the following regulations.
A dog for which a license is required by the provisions of this article shall wear a collar or harness with its registration tag securely fastened thereto.
No person, except an officer in the performance of his duties, shall remove a registration tag from the collar of any dog without the consent of the owner, nor shall any person attach a registration tag to a dog for which it was not issued.
No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this article.
No person shall own, keep, harbor or maintain any dog which habitually barks or cries between the hours of 10:00 p.m. and 6:00 a.m.
Running at large. No person owning, keeping or harboring a dog shall permit it to run at large on the public streets, in any public park, public building or other public place or on the private property of another within the Borough.
Leashing of dogs. No person owning, keeping or harboring a dog shall permit it to be on the public streets or in any of the public places of the Borough unless the dog is accompanied by a person over the age of 12 years and is securely confined and controlled by an adequate leash not more than six feet long.
Property damage. No person owning, keeping or harboring a dog shall permit it to do any injury or damage to any lawn, shrubbery, flowers, grounds or property.
[Added 10-1-1990 by Ord. No. 542-90]
Where it has been determined by a physician that a person has been bitten by a dog, that person or his parent or guardian if he is a minor shall immediately notify an Animal Control Officer, or other agent established by the Borough of Milford by resolution. When the owner or keeper of a dog is notified by an Animal Control Officer, or other agent established by the Borough of Milford by resolution, that the dog has bitten an individual or individuals, the owner or keeper of the dog shall comply with the following procedures:
Have the dog examined by a licensed veterinarian within 12 hours.
Have the dog kept in quarantine in the owner's home or at a kennel for a period of 10 days.
At the end of 10 days, have the dog reexamined by a veterinarian and a written report of the dog's state of health sent to the Hunterdon County Division of Public Health Services.
The Council may, by proclamation, require all dogs and cats to be quarantined during such period in each year that may seem advisable to the Council.
The Council shall have the power to appoint a Dog Warden, whose duty it shall be to enforce the provisions of this article. The Council shall have the power to appoint one or more persons, to be known as "dog catchers," who may impound unlicensed dogs running at large in violation of the provisions of this article and who shall make a monthly and annual report to the Council.